read it for you tomorrow evening. ms. megyn is next. i'm bill o'reilly and remember, the spin stops here. we are definitely looking out for you. . breaking tonight, protesters are again marching through the streets of baltimore after a mistrial is declared in the trial of the first police officer charged in the freddy gray case. as a racially diverse jury fails to lead to a verdict under a city already on edge. welcome to the kelly file, everyone, i'm megyn kelly. >> a look at baltimore where we are tracking a series of protests that cropped up across the city after ate nounsment about a hung jury. freddy grays family calls for calm. the mayor says they must respect the outcome. and the commissioner tells cops to respect the right to protest. but warn, those who commit

crimes, they will lose the right to call themselves demonstrators. as the protesters themselves, clearly they are not ready to make nice with the police. listen. >> back up, back up, we want freedom, freedom. all these racist cops, we don't need em, need em. >> so officers william porter was the first of six officers to be tried in the death of freddy gray who suffered a severe spinal cord injury while in police custody in april. gray died a week later. his death sparked accusations of police misconduct and angry riots throughout baltimore. prosecutors have yet to announce if they will attempt to retry officers porter, which is their right. we have a big show for you tonight. glenn beck is here on the fall-out in baltimore as well as last night's gop debate. plus in moments we will speak it a baltimore police officer who served with these accused

officers and speaks with them regularly. and we will ask our legal panel with what is likely to happen now to officer porter and to the rest of the baltimore 6. but we begin tonight with leeland vitter reporting from the streets of baltimore. leland? >> well, they wouldn't be happy no matter what happened in court and they told us the last couple of days. they were angry and used that as an excuse to vent that and many eye balls focused on them with the national media here. nothing like what we saw in april. about a hundred protesters give or take at any one time. sometimes wandering aimlessly because they didn't have a clear leader. chanting at time, no justice, no peace, no racist police. taunting officers. those kinds of things. but it is clear they did not have a cohesive message. when you talked to them often times they couldn't articulate what they were angry about. sometimes it had nothing do with

freddy gray. off t often times about inequality. a very quiet night in baltimore. there is a different sheriff in town. he said he would not tolerate lawlessness. we had that stand down order from the mayor. there was a gear up order from the police chief. fast response units all over with dozens of police officers who would surround a protest. before it even got to any type of cohesive message. they did arrest two people. one of them was arrested because he was using a bull horn after they told him to stop. >> we can do a lot worse than that as we saw last time around with protesters literally burning down buildings in the wake of, well, the initial news of this case. leland, thank you. >> the mistrial today is after the judge repeatedly told the jury to go back and try to reach a decision. things were no different inside the courtroom with jurors having

to explain not once but twice that they were unable it agree on a verdict. trace gallagher is live on our west coast newsroom with how this case went nowhere. trace? >> megyn, 20 minutes after a jury sent a note to a judge all parties were back inside the courtroom. attorneys on both sides looked very tense as the judge spoke to them privately. one of the prosecutors could be seen shaking her head. the judge addressed the jury saying quote, i understand you feel you are unable to come to a unanimous decision in any of the four count. you have taken the time to listen, therefore, i declare this a hung jury. attorneys will meet with the judge tomorrow to schedule a new trial date. if it happens, it will happen likely sometime in the spring. legal experts say the hung jury is clearly a blow pro the prosecution because the trial of porter was considered a barometer of the officer who kro drove the van and only one facing a murder charge.

marilyn mosley was also in court for the announcement but because of the gag order she did not comment. we did hear from the baltimore mayor, listen. >> 12 baltimore city residents answered that very solemn call to serve, to hear this case, and to make a decision. they did that. and you have to respect that. >> prosecutors tried to convince the jury that william porter neglected his duty by failing to put a seatbelt on freddy gray and failing to call for help when he knew gray was injured. the defense argued that officer porter thought freddy gray was faking his injury because he had jailitis. the lead investigators reported porter told her that gray could not breath. porter denied that. the jury was made up of 7 men, 5 men, 7 black, 5 white. >> thank you. a criminal defense attorney, and a new york fox analyst, good to

sigh both. they weren't able to reach a verdict so far and today's official mark they have a hung jury. this a mistrial. this is a win for the dedpens. fence /*. >> absolutely. the purpose of the prosecution is to seek a conviction. they didn't get it. let's not kid ourselves. justice for freddy gray has always meant, a, conviction and prison for the defendant. they didn't get it. it is frustrating it try this thing over. but the prosecutors will face the same challenges in the next trial which includes a testimony from officer porter that he didn't single out freddy gray. he has never put a passenger who he has transported in a seatbelt, ever, in the five years he's been a police officer. he is concerned about his own safety and the very narrow area of the paddy wagon. >> and trying to get them belted in. how often does it happen that prosecution's evidence improves somehow on the second time around? >> oh, i don't know of any time.

they lose the hole element of surprise. so many times when mark and i are in there as defense attorneys, the first time we hear a witness, the first time we hear anything is when they testify. now we know it's coming. but megyn, what troubles me is the people outside with the chants and rants you just said. all of those six cops you have up there, i don't know any of them personally. i don't represent any of them. if you set them down one at a time, i bet you they are all very fine law-abiding people. this is not the type of case where a cop beat somebody or a cop stuck a night stick in an inappropriate place. this is a guy who didn't pick up the phone and call a medic for a guy who is not -- didn't appear to him, he testified, sooef seemed really hurt. he thought he was just coming up with an excuse to not come to jail. >> can we see that chant? do we have that chant? look at this. >> back up, back up, we want

freedom, freedom. all these racist cops, we don't need em, need em. indict, convict, send those kozing with hko cops, the whole damn system is going to hell. >> chant of the racist a cops talking about killer cops, there is what -- this is why the defense is arguing, we are not going to get a fair trial in this city. >> that's why i've been arguing for months that it's not fair. if any juror said not guilty their town burns down. their family will be sought after. they might be harmed. it takes courage for jurors who think that there's not sufficient evidence to actually sign their name and say, not guilty. >> you can only imagine what went on inside the jury room.

the jury would have had to be hopelessly deadlocked on each of the four counts on manslaughter, assault, on misconduct in office and the last one is reckless endangerment. the prosecution did not profits case on any one of the four arthur. so realizing the pressure that prosecutor is under now and what she has done in this case and the statement she made and i will get you your justice and all this stuff, this is our time. remember, she said to the protesters, this is our moment. she is likely to retry it, is she not? what are the odds she will throw in the towel? >> i think she has to retry it. i don't think she has a choice in the court of public opinion. i don't think she has the intestinal fortitude to come up -- >> well, the officer was supposed to be first. if you can turn him and use him in other cases, but now that's done. she can't use him. now he is going in the spring in the earliest. does she proceed with the second

trial? >> you always lead, when have you multiple defendants, you lead with your strongest case. you want that first domino to fall. the fact that it did not fall here is a tremendous blow to her. she has to sit down with prosecutors in her office, much more senior than she is, much more experienced, and really reexamine the entire strategy. because the whole game changed today. >> mark, quickly. >> megyn, i just want to add, most prosecutors will find out where the jurors fell down. if it was 11 for not guilty and maybe 1 for guilty, they won't bring it to trial. they know the chances of success are low. she doesn't seem like someone who would do that. she will do it because public opinion dictates there must be another trial. >> there is still a gag order so we are not supposed to know. but -- >> court officers whisper it to you. >> oh, this is kind of exciting. i wish we could be there. good to see you both. just a short time ago, officers porter spoke to the baltimore sun and would only

say, it's not over yet. and he is right. mike is a former baltimore police officer who served with the accused officers in this case. he speaks with officer porter regularly. at his request, we are protecting his identity. >> mike, thank you for being here. you have spoke officers porter and the other officers and how are they doing? >> they are anxious for it to be over with. >> do they have faith in the system? >> i think at first there was a little, you know -- they were a little worried about, you know, denial for the change of venue. getting the trial outside of the city. but this mistrial declared today, it just goes to show today that there is faith in the system and there are good people out there. they will follow the evidence where it leads them and they won't base their decision off of emotions. >> do you think marilyn months

by will retry this case and pursue a second trial? >> i think absolutely. i don't think there is any question about that. there is always a scheduled meeting. a closed-door meet. and they will hash out when the trial will come up next. she is on a witch hunt or cop hunt or whatever you want it call it and i think there's no question that she will try it again. >> why did you leave the baltimore police force? i think the case here is an example of why i left. you can't go into work in baltimore and be the progressive officer where you are going out and stopping violent offenders and doing these things. if it a pure accident happens, something that's out of your control, like what happens with

these officers, you can can see exactly where the city is going and the sides they are taking. and it is beyond the police administration. this is a bigger problem within baltimore city that unfortunately i don't think it'll be cured any time soon. >> do you think there are any other cops who are scared to do their jobs? i mean, i don't know if scared is the right word, but reluctant because their concern they may wined up on the wrong side of the handcuffs. >> i think ultimately, you knowk scared is the right word, but i think that you're not going to see that officer going out there and being as proactive and same tactics prior to the freddy gray thing, you won't see them going out there because the city has

proven that if something small happens -- i don't want to say small, correct that. because the freddie gray case wasn't small. but this city doesn't have your back. >> has anyone else left the baltimore police department or is it just you? what's the status of the work force there. >> >>? megyn, they are losing officers left and right. the baltimore police department can't keep officers and you know, they are so desperate for officers, they are trying to get retirees to consider coming back to the department. wow. final question. have you spoken with officers porter recently? how does he walk around baltimore? does he feel like a pa rya? what is it like to be in his position right now? >> you know, i think today, it's not over yet and he knows it, but i think this is a -- something that will not only officers porter but this will

keep, help keep other officers that are about to be going up through the courts, it'll, you know, give them a sense of relief to know that there are good citizens out there that are not going to, you know, try these officers and find them guilty based off of emotions. they will follow the case where the evidence leads them. i think the state did a very poor job of presenting stuff. they didn't have the case here and they are going off of a theory. and they have nothing more than a theory. they don't have the evidence. i would be interested to see what they have. >> clearly, at least some of the jurors, or one juror, agrees with you on that. that's how we find ourselves in this position tonight. mike, all the best to you. >> thank you. >> you know, it is so interesting. there is a ""daily beast"" headlines saying marilyn mosby is ending this case.

they got chastised by the judge that they didn't confess that freddy gray had a back injury a month before he died, he had confessed that. prosecution withheld it from the defense. defense wanted a mistrial, the judge said no. the prosecution was supposed to tell them about it. this case is going down the drain. and that's where it stands tonight. so far. however, the people of baltimore, well you heard what some of them think of the cops. and there are concerns that baltimore remains on the brink of new violence depending on what happens here. glenn beck is here with the thoughts on the scene that unfolded today. plus, he will share his pick for president after last night's debate. and later, marco rubio is here to share his showdown with ted cruz last night. chris christie, ben fiorina are

♪ our parents worked hard so that we could enjoy life's simple pleasures. now it's our turn. i'm doing the same for my family. retirement and life insurance solutions from pacific life can help you protect what you love and grow your future with confidence. pacific life. helping generations of families achieve long-term financial security for over 145 years.

then, a brutal act of teterror here at home.. it's time for a tested and proven leader who won't try to contain isis. jeb bush has a plan... to destroy them. and keep america safe. jeb bush: the united states should not delay in leading a global coalition to take out isis with overwhelming force. announcer: tested and proven leadership matters. jeb bush. right to rise usa is responsible for the content of this message. when a moment turns romantic why pause to take a pill? or stop to find a bathroom? cialis for daily use is approved to treat

both erectile dysfunction and the urinary symptoms of bph, like needing to go frequently, day or night. tell your doctor about all your medical conditions and medicines, and ask if your heart is healthy enough for sex. do not take cialis if you take nitrates for chest pain, as it may cause an unsafe drop in blood pressure. do not drink alcohol in excess. side effects may include headache, upset stomach, delayed backache or muscle ache. to avoid long-term injury, get medical help right away for an erection lasting more than four hours. if you have any sudden decrease or loss in hearing or vision, or any symptoms of an allergic reaction, stop taking cialis and get medical help right away. ask your doctor about cialis and a $200 savings card come happy birthday. i just had a heart attack... and now i have a choice. for her. for them. and him. a choice to take brilinta. a prescription for people who've been hospitalized for a heart attack. i take brilinta with a baby aspirin ...no more than 100 mg. as it affects how well it works. it's such an important thing to do to help protect against another heart attack.

brilinta worked better than plavix. and even reduced the chances of dying from another one. don't stop taking brilinta without talking to doctor. since stopping it too soon increases your risk of clots in your stent, heart attack, stroke, and even death. brilinta may cause bruising or bleeding more easily or serious, sometimes fatal bleeding. don't take brilinta if you have bleeding, like stomach ulcers. a history of bleeding in the brain, or severe liver problems. tell your doctor about bleeding, new or unexpected shortness of breath, any planned surgery and all medicines you take. i will take brilinta today. tomorrow. and every day for as long as my doctor tells me. don't miss a day of brilinta. breaking news out of baltimore. the first cop to stand trial in the death of freddy gray, the protests have been peaceful so far today. not nearly as dense as we saw a few months ago. but as we saw from the video we

just showed you, there is real anger at the cops and the system in this town. glenn beck is founder of "the blaze" and out with his new book "the immortal nicholas." in part, a lot of folks wanted to see a conviction and they feel that they as a city have been railroaded into poverty, into a life in which the cops are out to get them. and nobody cares. your thoughts? well, the way to make people care is not to burn your city down. i think they have been railroaded by progressive policyes. so has chicago. so has detroit. lots of places have. that's why you get involved in the political system.

are the cops bad? i think there are bad cops but there are more good cops. there are bad bakers. bad tv show hosts, bad everything. that's the way society is. the job of people who really want justice is to strengthen the justice system, not weaken it. strengthen community ties, not weaken them. >> there was an extraordinary column today in the wall street journal that got to the reason why in this republican race for president, donald trump, is dominating the gop field. despite the controversial statements, despite some saying is he is a bigot, racist and so on. this is about the very, very unhappy white working class voters. and it is pointed out that over the next decade, it is 95% of all jobs, he writes, will be in the service sector. and of the 15 occupationes with

the most projected job growth, only four need a college education. only four. nine of those offer median wages under 30 grand a year. so the author writes this, quote, economic anxiety, demographic resentment and fear make a toxic combination. donald trump didn't create these, he is exploiting them for his own purposes. your thoughts on that? >> i read that article and i thought a lot of it was hooy. what i do think is that he is exploiting the people, and i wouldn't say it is just the white working class, i think it is everybody, that feel as though nobody is listening to them. why are there riots in the streets of baltimore? why don't we fix what is going on in chicago? why is donald trump growing?

the same reason. nobody seems to be listening. nobody who has actually been voted into office is listening to anyone close to the problem. and that's why when we became unhinged from the cost tugs, that's why this is happening. because the power is all in washington. washington is in a completely different world. we need the power to be closer to the people again so we can solve our own problems and have people that we can address and see and we can talk to them and they will listen to us. donald trump is nothing more than a rethak we warned about. i warned about this, talking about a pendulum swinging back. you don't want this to happen. if you don't listen to the american people or any people they're going to go a different direction. >> what do you think is likely happening? trump has 41% of the republican vote at least according to one

poll. >> yeah. >> and now some people are saying that if he is the nominee, somebody said this on our show last night, hillary clinton will win 49 out of 50 states and the republican party will face devastation like it's never seen before that they will give up -- they will give up in state legislators and they will get to the polls and stuff him. >> i know i won't go to the polls. i won't vote for hillary clinton and i won't vote for donald trump. i just won't. i know people in the gop say, loog, he is better that hillary clinton. maybe, i don't know. the i go last night didn't even know what the triad was. he didn't know what the missile silos and the strategic air command with missiles on the plane answers nuclear submarines. he didn't know what that meant. he couldn't answer the question. it is bizarre. he is also a giant progressive. i can't vote for progressive. i can't vote for hillary, and i

can't vote for him. i said, probably a year and half ago that i thought we were entering the times of the wing party. the republicans were going to go to the way of the wigs who they demolished back in abraham lincoln's time. i think that's happening. they have not -- they got power, they said we just have to have a house and senate. we got it. new they say, we have to have house and senate and white house. we heard it that before with george w. bush. they're not listening. not doing what the people who hired them to do. if they put donald trump in, try to put him in office, if that's what the people want, you will see an end to the republican party. it'll be over, just nothing left. >> before i let you go. who do you like? >> ted cruz. >> he's your guy? >> he's my guy. i like ted cruz a lot. i could consider going with rubio. i disagree he with rubio on a

lot of stuff. i like rand paul a lot. i'm trying to think who else there is. >> fiorina. >> she's okay. i think there's only three people really -- there's really only three people -- >> carson? >> it will quickly whittle down to trump, cruz, rubio and possibly chris christie. because i think you will see chris christie start talking to progress ifs in the republican party that like the government. i think he will make inroads. but really those three and in the end, i think it's cruz and trump. >> exciting to watch. glenn, great to see you, as always. >> thank you very much. >> last night marco rubio found himself in a big time fight over who was telling the truth on the issue of immigration. tonight, there's a new twist, and the senator is here, next, live to react. with my moderate to severe ulcerative colitis, the possibility of a flare was almost always on my mind. thinking about what to avoid, where to go...

and how to deal with my uc. to me, that was normal. until i talked to my doctor. she told me that humira helps people like me get uc under control and keep it under control when certain medications haven't worked well enough. humira can lower your ability to fight infections, including tuberculosis. serious, sometimes fatal infections and cancers, including lymphoma, have happened; as have blood, liver, and nervous system problems, serious allergic reactions, and new or worsening heart failure. before treatment, get tested for tb. tell your doctor if you've been to areas where certain fungal infections are common, and if you've had tb, hepatitis b, are prone to infections, or have flu-like symptoms or sores. don't start humira if you have an infection. raise your expectations. ask your gastroenterologist about humira. with humira, control is possible.

i built my business with passion. but i keep it growing by making every dollar count. that's why i have the spark cash card from capital one. i earn unlimited 2% cash back on everything i buy for my studio. ♪ and that unlimited 2% cash back from spark means thousands of dollars each year going back into my business... that's huge for my bottom line. what's in your wallet? with toothpaste or plain water.an their dentures and even though their dentures look clean, in reality they're not. if a denture were to be put under a microscope, we can see all the bacteria that still exists on the denture,

and that bacteria multiplies very rapidly. that's why dentists recommend cleaning with polident everyday. polident's unique micro clean formula works in just 3 minutes, killing 99.99% of odor causing bacteria. for a cleaner, fresher, brighter denture every day. >> last night's debate was all rubio. the cuban-american senators sparred on topics from surveillance to defense spend bug it was on the issue of immigration where the two seem to have the widest gulf. watch. >> there was a battle over amnesty and some chose, like

senator rubio, to stand with barack obama and chuck schumer. >> i'm always surprised about his attack on this issue. you are supporting people in the country illegally. >> it is like saying the fireman and the arsonist are both in trouble for the fire because they were both at the scene of the fire. i have never supported legalization and i do not intend to support legalization of marijuana. >> senator, good to see you. >> thank you. >> so it is not true that senator cruz has never supported legalization. not citizenship but he has supported legalization. you were right on that. we fact checked him on that last night with br night. he supported legalization for the 11 million. do you think he is taking a harder line now on this issue in order to appeal to glover

teixeira teixeira. >> he talked about how he wanted the bill to pass. he talked about wanting the reform to pass. he made the argument of we can pass legalization reform. we can't do citizenship. let's just do legalization. >> let's teal the audience, i could take up the next three minutes of senator ted cruz saying that and giving local interviews. he said it, it's true. it is not in dispute. he said it. the question is, whether this is tactical shift to appeal to the -- >> he doesn't mention that in the speeches in iowa. he obviously mentioned that at the time because that's what he wanted. and now of course, in this campaign, he is looking for a political advantage so he tried to obscure the lines on it. i like ted personally very much. these are important differences, particularly on the defense stuff we should talk about. on the issue of immigration, in 2013, i live in a state deeply impacted by immigration. i know harry reid controls the senate, let's do the best we

can. hopefully the house can make it better and let's see if we can make some progress. after 30 years this is worse, not better. i realize we can't do anything on immigration until you bring illegal immigration under control. people are saying we have a quarter million people come into this country illegally every year. >> you have gotten to harder stance on this than 2013. you say you need to do enforcement first. >> not only have to pass enforcement but do it and prove to people that it is working before you can do anything. >> because they won't support you otherwise. >> they won't support you. and it is prudent after two migratory forces an plus we just can't pass this comprehensively. but the point i was trying to make is i don't know how he can attack me on this issue when he supports legalization and did. >> he says he doesn't now. but clearly he did back in 2013. i will ask him about that the next time i get to talk to him. you hit him as follows for not supporting this national defense authorization act, saying you

voted against funding the military. watch. >> three times we voted against the defense authorization act which is a bill that funds the troops, also by the way, fund the iron dome and other important programs and i have to assume as you vote against in sentate you would veto as president. >> it is true i voted against the national authorization act because when i campaigned in texas i told voters in texas that i would oppose the federal government having the authority to detain u.s. citizens permanently with no due process. >> three points of distinction. first is, if you're an american citizen and you join up with isis, we're not going to read you your miranda rights. you will be treated as an enemy attacking the country. >> so yahoo! did a fact check on you on this and they said number one you didn't show up for the vote on that. the bill you were so concerned about. and number two, actually the military gets funding from the annual appropriations bill and you and cruz voted against that. >> on the first point, they do

authorize because they -- >> they spend on programs. >> but it is an important bill. i voted for it three times. i never opposed it. i missed the vote on campaigning for president but i opposed it. i voted three times in the past because it -- >> the appropriations bill gives the dough and you voted against that and so did he. >> the appropriations bill finds the money. the authorization bill authorize you to spend it. without the authorization bill you cannot spend it. it is an important p bill. that's why i'm a supporter of it. it funds the troops, funds the iron dome. three times he voted against it. >> senator marco rubio, great to see you. >> thanks. >> you heard glenn beck saying chris christie may be one of the last standing in the race. governor chris christie is here next. he will be sitting. next, ben carson says his race propelled him to the top of of the polls and his race is now bringing him down. we will tell you who is making tucson.

blew an amp.but good nights. sure,music's why we do this,but it's still our business. we spend days booking gigs, then we've gotta put in the miles to get there. but it's not without its perks. like seeing our album sales go through the roof enough to finally start paying meg's little brother- i mean,our new tour manager-with real,actual money. we run on quickbooks.that's how we own it.

say they'll save youfor every by switching,surance companies you'd have like a ton of dollars. but how are they saving you those dollars? a lot of companies might answer "um..." or "no comment". then there's esurance - born online, raised by technology and majors in efficiency. so whatever they save, you save: hassle, time, paper work, hair tearing out and, yes, especially dollars. that's auto and home insurance for the modern world. esurance. backed by allstate. click or call.

♪ ♪ you may not even think about the energy that lights up your world. but we do. we're exxonmobil. and the cleaner-burning natural gas we produce generates more of our electricity than ever before... ...helping dramatically reduce america's emissions. because turning on the lights, isn't as simple as just flipping a switch. energy lives here.

breaking tonight, governor chris christie, called the winner. our focus group weighed in as well. >> let's do a way it describe chris christie. >> absolutely on point and he makes me feel safe. >> i think that he is trying to discredit the other people on their records. but those count too. >> highly confident, direct, to the point. >> i believed him. >> tells it like he sees it. >> he's experienced. >> the right man to these times. >> who would you switch from? >> carson to christie because i can trust him as my president. >> trump to christie. and he was 2,000% more presidential than anyone else tonight. >> joining us now, chris christie. governor, great to see you. you must be feeling good

listening to that. >> sure. that's great. had a good time at the debate. looking forward to getting back out on the campaign trail and doing my job. which is making sure we convince as many voters as we can leading up to iowa and new hampshire next month. >> do you feel like you've been somewhat of a dark horse in this race? slow and steady wins the race? >> i do. i think i was discounted early on. that's fine. you can't worry about the things you can't control. i just went out and laid out our program and plan and doing it in iowa and new hampshire. day-to-day campaigning. we made an impression in the debates too. so i think we are doing well at the right time. >> what is the path to victory for you? i realize that in new hampshire now, tied for second place. but nationally, you're still down in the low single digits. people say, oh, christie, he is way down and trump will be the first to point out, i'm at 3 and you're at 41. >> listen, none of that matters.

we don't have a national primary. we have primary estate by state. when people start to vote, it changes to national numbers overnight. i think we will do well in iowa and very well in new hampshire. when we pull that off, you will see the national polls change very, very quickly and we will go state by state by state, carolina, nevada. so the path to victory is the same for me as anybody. you need to do well in iowa or new hampshire or you won't do well in this race. we will do well in new hampshire and in iowa and we will be one of the few that will be left. i think this race will be down to four or five candidates by february 10th. >> obviously ted cruz pushed you at the nsa surveillance program. as someone who used that program, i know you were in favor and don't believe it should have been repealed, but how big an issue do you think that will be for ted cruz who is rising in the polls right now. >> i think it is a huge issue.

i think senator cruz isn't telling the truth about it. he is trying it make it sound like somehow he made the pro gro program stronger, and he didn't. he made it weaker. he made the country more vulnerable. you can get away with that over seconds in a debate but not over the long haul of a campaign. his vote was wrong, expedient and he shouldn't have done it. i think the american people will respect him more if he would have looked in the camera and said, i made a mistake. wrong vote, i made a mistake. i would restore those authorities to the nsa. he should have done that and didn't. he is wrong and not telling the truth in saying he made the program stronger. >> you said you got the king of jordan wrong. you said king hussein. you said it was tough in 1999. >> i misspoke. >> you're not allowed to do that in campaigning in 2015. >> apparently not. but i know king abdullah very well. we have visited with him as

families in jordan. me and mary pat and the children visited with him when he was recently in new york city we add great meeting for an hour at his hotel in new york. because we are friends. so king abdullah will forgive me for having used his father's name instead of his. i'm sure that's not the first time it happened to him. >> but the mainstream media will not. thank you, governor. >> thank you, megyn. great to be here. >> dr. ben carson is drawing attention as a well known columnist, making a case on a recent dip in polling for the doctor. he writes, if you want to know the reason behind ben carson's dip in the polls, just look at what propelled him there in the first place, race. retired neuro surgeon and republican candidate, dr. ben carson. that's what jonathan capehart says, the lack of loyalty to you is where race plays a central role. that folks were quick to shift

their loyalty away from you and had no problem doing so in part because of your race. your thoughts on that? >> i think that's nonsense. i think the liberals have a tendency to pay much more attention to race than conservatives do. and you know, here at a rally in nevada today, huge very enthusiastic crowd. showing no signs of what before capehart just talked about. so i think i would attribute it more to cirqcumstances. the circumstances being that there was the attack in france. the attack in san bernardino. and people for some reason have bought into the narrative that because i'm soft-spoken that i'm not tough. and that's an uphill battle. but i will continue to fight that. and people will be able to

listen and understand that i do know quite a lot about foreign policy and about the protection of the homeland. and that message will get through over the course of time. i'm confident. >> let's talk about it. you are down in the polls. down to fourth place in the politics national average. and in the real politics average down fourth place as well, that's 17 points since november 1st and new hampshire same thing seventh place, down 7 points since mid november. which has some people saying, you're done. are you done? >> i don't think so. but you know, time will tell the story. you know, things will shift fairly dramatically as we get closer to the election. if history is any indicator. so i think the important thing, i'm no politician, so i'm not going to have my finger up in the air or listening to people saying, you have to make this dramatic change or you do this and you yell more and you be

more -- that's not who i am. i will continue to be who i am. i will continue to talk about what actual issues are and i think people will be able to see that. i'm offering them a choice of somebody who is not a career politician but somebody who has a lifetime of accomplishment. who knows how to work with people very well. who learns very quickly. and who loves america and wants to see it succeed. if they like that, great. if they want something else, this is a free country. >> dr. carson, always great seeing you. thank you. >> thank you. >> up next, carly fiorina with an a phil! oh no... (under his breath) hey man! hey peter. (unenthusiastic) oh... ha ha ha! joanne? is that you? it's me... you don't look a day over 70. am i right? jingle jingle. if you're peter pan,

you stay young forever. it's what you do. if you want to save fifteen percent or more on car insurance, you switch to geico. ♪ you make me feel so young... it's what you do. ♪ you make me feel ♪ so spring has sprung. try align for a non-stop,ive sweet-treat-goodness hold-onto-your-tiara, kind-of-day. live 24/7 with 24/7 digestive support. try align, the undisputed #1 ge recommended probiotic.

breaking tonight, a popular conservative radio host in iowa now apologizing after getting major pushback on social media and from his wife for a sexist tweet he sent out during last night's debate mocking republican presidential candidate carly fiorina as going, quote, full v-word in her opening remarks. carly fiorina's here. she's a former ceo of hewlett-packard. carly good to see you. you have to blow this off. you have to act like this doesn't bother you. i'm sorry to have to ask you

even to respond to this. but it's like over and over people take these sexist shots at you. >> well, i've been called the b-word, so now i guess i'm going to be called the v-word. what's amazing to me is i told an american story last night in my opening comments. i told my story just like every other candidate has told their story. so it's inexplicable to me why this major surrogate of ted cruz thought that was playing the "v" card. but this gentleman is more than a radio show talk host. he is a major surrogate for ted cruz and a major endorser. this is why ted cruz cannot possibly beat hillary clinton. >> well, because, i mean, is he responsible for everything his surrogates say? >> well, this is a major member of ted cruz's campaign. ted cruz relies on him to speak for him. in fact, he was speaking for ted cruz last night.

so this is the cruz campaign, and i think we need to be realistic about what we're going to face with hillary clinton. >> you know, you have something in common with her in that regard, and that's -- that will probably conclude the list of things you have in common. but she's going through some sexist attacks and will go through more and you are too. viewers don't want to hear it. whatever, everybody has got their troubles. but it is a recurring theme. >> well, yes. look, i believe in meritocracies. i will never ask for people's support because i'm a woman. i will ask for people's support, i believe i'll be the nominee because i think the more people hear, the more they realize i'm the most qualifieied candidate beat hillary clinton and become president of the united states. >> because you're strong, because you're fiery. >> i'm very proud to be a woman. and 53% of our nation are women. >> now, one thing you may also

have in common with her is you both like dogs. and i got to ask you about this dog video that your campaign put out where -- we don't have time to play the whole thing but there's a line where you look at the dog and say, doesn't barack obama eat your cousin? >> well, barack obama said he ate their cousin in his book, that he had eaten dog. look, it was a funny video. it was a light video, and i thought it came off well. >> it definitely shows a different side of carly fiorina. and i, too, am a dog lover. she actually tried a milkbone dog biscuit, which i will say i did many years ago. >> i ate them a lot when i was a kid. with my dog, of course.

don't miss tomorrow. we have charles krauthammer. also a high school football coach under fire. he prayed to god at the end of the games.

another coach chanted to buddha. only the christian coach got suspended for his prayers, and he's here to react. check it out. 9:00 p.m. thanks for porter is facing several charges, including one for man slaughter. the jury spent about 16 hours deliberate, but still jurors couldn't agree and now a possible retrial looms. the "new york times" reported that secretary of defense ash carter used a personal e-mail account for government business. saying carter used the account when he first sta